UNITED STATES v. ROBINSON

No. 1184, Docket 76-1153.

544 F.2d 611 (1976)

UNITED STATES of America, Appellee, v. Cecil ROBINSON, Appellant.

United States Court of Appeals, Second Circuit.

Decided November 1, 1976.


Attorney(s) appearing for the Case

Jesse Berman, New York City, for appellant.

Elliot Sagor, Sp. Asst. U. S. Atty., New York City (Robert B. Fiske, Jr., U. S. Atty., S. D. N. Y., Lawrence B. Pedowitz, John C. Sabetta, Asst. U. S. Attys., New York City, of counsel), for appellee.

Before MANSFIELD, OAKES and GURFEIN, Circuit Judges.


OAKES, Circuit Judge:

This singular case involves the admissibility of testimony regarding a .38-caliber handgun found in the possession of appellant, Cecil Robinson, at the time of his arrest for bank robbery. Following the exclusion of both the gun itself and testimony pertaining thereto at appellant's first trial, the jury hung 8-4 for conviction. With the admission of evidence pertaining to the gun at a retrial, a conviction was rendered after three days of jury...

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